Canadian Technology & IP Law : Canadian Technology Lawyers & Attorneys : Stikeman Elliott Law Firm : IP Law in Toronto, Montreal, Calgary, Ottawa & Vancouver

In March 2009, the Ontario Superior Court of Justice had occasion to consider the scope of the presumption under the Copyright Act of an employer's ownership of copyright in works created by an employee in the course of his employment.

The case of Corso v. NEBS Business Products Limited [(2009) 176 A.C.W.S. (3d)] involved a claim for wrongful dismissal by Mr. Corso, and a counterclaim by the employer NEBS Business Products Limited (NEBS), for a declaration that it was the owner of copyright in certain materials created by Mr. Corso, largely on his own time.

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On July 7, 2009, the Canadian Intellectual Property Office (CIPO) issued a new Practice Notice for section 45 (summary cancellation) proceedings, which will come into effect on September 14, 2009.  Summary cancellation proceedings are intended to clear the Trade-marks Register of "dead wood":  that is, trademarks that are no longer being used by their owners. The Practice Notice emphasizes that section 45 proceedings are not intended to replace inter partes expungement proceedings under section 57 of the Trade-marks Act, where issues such as ownership, distinctiveness or abandonment of a registered trademark may be raised before the Federal Court of Canada.

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The Superior Court of Quebec recently granted an interim injunction preventing the continued sale of Husqvarna Corp. (Husqvarna) outdoor power tools by a former authorized dealer whose authorization had been revoked. Although the manufacturer's motion for the injunction included grounds based on the federal Trade-marks Act, the Court granted the injunction on the sole basis of Quebec principles of civil responsibility, namely article 1457 of the Civil Code of Quebec (CCQ), which article acts as a functional equivalent to the common-law tort of passing off.

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